Document 13
Ref. Ares(2020)587318 - 30/01/2020
EUROPEAN COMMISSION
Brussels, 4.12.2018
C(2018) 8429 final
c/o Law firm Fieldfisher
Boulevard Louis Smidt 29, box 15
1040 Brussels
Belgium
DECISION OF THE EUROPEAN COMMISSION PURSUANT TO ARTICLE 4 OF THE
IMPLEMENTING RULES TO REGULATION (EC) N° 1049/20011
Subject:
Your confirmatory application for access to documents under
Regulation (EC) No 1049/2001 - GESTDEM 2018/5253
Dear
,
I refer to your e-mail of 19 November 2018, registered on 20 November 2018, in which
you submit a confirmatory application in accordance with Article 7(2) of Regulation
(EC) No 1049/2001 regarding public access to European Parliament, Council and
Commission documents2 (hereafter ‘Regulation 1049/2001’).
In your initial application of 5 October 2018, you requested access to:
-
‘Data Matching Lists related to Acetamiprid-based products;
-
[the Dutch Board for the Authorisation of Plant Protection Products and Biocides]
assessment on the Data Matching Lists related to Acetamiprid-based products;
-
[p]ossible ‘category 4’ justifications raised by the applicant for renewal of
authorisations;
-
[j]ustifications that the new draft Registration Reports match the so-called
‘Article 29 conditions’ (referring to Regulations (EU) No 283/2014 and
284/2014)’.
1
Official Journal L 345 of 29.12.2001, p. 94.
2
Official Journal L 145 of 31.5.2001, p. 43.
Commission européenne/Europese Commissie, 1049 Bruxelles/Brussel, BELGIQUE/BELGIË - Tel. +32 22991111
In its initial reply dated 24 October 2018, the Directorate-General for Health and Food
Safety informed you that it was not able to handle your request, as the European
Commission did not hold any document that would correspond to the description given
in your application.
In your confirmatory application, you request a review of this position.
You state that according to Article 39(2) of Regulation 1107/2009, Member States shall
make available to the Commission a file containing the documentation related to the
application for authorisation.
I would like to point out, in this respect, that this is done only on request and not
automatically.
You also state that, according to the ‘Guidance Document on the Renewal of
Authorisations according to Article 43 of Regulation (EC) No 1107/2009’
(SANCO/2010/13170), the zonal Rapporteur Member State (RMS) should upload the
final renewal report on the CIRCABC3 site. In this case, the Netherlands, the Rapporteur
Member State (i.e. the Board for the Authorisation of Plant Protection Products and
Biocides4) had not done so at the time of your request.
Following your confirmatory application, the Commission carried out a renewed,
thorough search for documents which would fall under the scope of your request. Based
on this renewed search, I confirm that the Commission has not identified any document
held by it that would fall under the scope of your request.
As specified in Article 2(3) of Regulation 1049/2001, the right of access as defined in
that Regulation applies only to existing documents in the possession of the institution.
Given that no document falling under the scope of your initial request has been identified
at the confirmatory stage, the Commission is not in a position to handle your
confirmatory application. We invite you to address your request for access to documents
to the Dutch Board for the Authorisation of Plant Protection Products and Biocides itself.
3 CIRCABC (Communication and Information Resource Centre for Administrations, Businesses and
Citizens) is a web-based service provided by the European Commission used to create collaborative
workspaces. It is divided into categories and interest groups, allowing people in those groups to share
information and resources.
4 Usually abbreviated as ‘Ctgb’.
2
Finally, I would like to draw your attention to the means of redress that are available
against this decision, that is, judicial proceedings and complaints to the Ombudsman
under the conditions specified respectively in Articles 263 and 228 of the Treaty on the
Functioning of the European Union.
Yours sincerely,
For the Commission
Martin SELMAYR
Secretary-General
3